{
  "id": 5415211,
  "name": "W. B. McBride, Appellee, v. Assumption Telephone Company, Appellant",
  "name_abbreviation": "McBride v. Assumption Telephone Co.",
  "decision_date": "1916-10-13",
  "docket_number": "",
  "first_page": "468",
  "last_page": "468",
  "citations": [
    {
      "type": "official",
      "cite": "202 Ill. App. 468"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 157,
    "char_count": 1696,
    "ocr_confidence": 0.529,
    "sha256": "367da4226a99688acaf199e8a4e9bc77e7e067396c8d61df06323b6d5b774af9",
    "simhash": "1:647fd370908c8699",
    "word_count": 285
  },
  "last_updated": "2023-07-14T20:59:19.228114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "W. B. McBride, Appellee, v. Assumption Telephone Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Eldredge\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Eldredge"
      }
    ],
    "attorneys": [
      "Taylor\" & Taylor, for appellant.",
      "J. E. Hogan and W. B. McBride, for appellee."
    ],
    "corrections": "",
    "head_matter": "W. B. McBride, Appellee, v. Assumption Telephone Company, Appellant.\n(Not to he reported in full.)\nAppeal from the Circuit Court of Christian county; the Hon. Thomas M. Jett, Judge, presiding. Heard in this court at the April term, 1916.\nAffirmed.\nOpinion filed October 13, 1916.\nRehearing denied December 2, 1916.\nStatement of the ,Case.\nAction by W. B. McBride, plaintiff, against the Assumption Telephone Company, defendant, for damages for the death of the plaintiff\u2019s horse alleged to have been caused by the negligence of the defendant. From a judgment for plaintiff for two hundred dollars, defendant appeals.\nThe negligence alleged consisted in the defendant\u2019s allowing a telephone wire attached to one of its poles, standing by the side of the highway, to sag over the plaintiff\u2019s land in such a way that the plaintiff\u2019s horse became entangled therein and was injured so that he died.\nTaylor\" & Taylor, for appellant.\nJ. E. Hogan and W. B. McBride, for appellee.\nAbstract of the Decision.\n1. Tbial, \u00a7 110 \u2014what a motion to exclude evidence on ground of variance must point out. A motion to exclude evidence and to instruct the jury to find the defendant not guilty on the ground that there is a variance between the allegation and proof must specifically point out in what the variance consists.\n2. Limitation oe actions, \u00a7 119*\u2014when question whether statute has run is for fury. In an action for the death of a horse, the question whether the action had been brought before the statute of limitations had run, held for the jury.\nSee Illinois Notes Digest, Vole. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0468-01",
  "first_page_order": 494,
  "last_page_order": 494
}